Frequently Questions, Legislation
Legality of E-passport of Chinese in Vietnam
According to the law, when carrying out administrative procedures at a competent Vietnamese agency, Vietnamese citizens will have to present their identity card/citizen identity card, and foreigners will present it. passport. In the dossier submitted to the competent authority to carry out administrative procedures, it is always required to submit a copy of the foreigner’s passport. Foreign investors who want to carry out administrative procedures in Vietnam will have to make a copy or notarize a copy from the original passport.
However, when China grants citizens an electronic passport with a symbol starting with the letter E and in the passport there is a page with a cow’s tongue line, also known as a nine-dash line, which Vietnam does not recognize, so it will not be recognized by Vietnam. There are some problems when the Chinese carry out administrative procedures in Vietnam. Read More
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MONTHLY PAYMENT OF SOCIAL INSURANCE PAYMENT FROM SEPTEMBER 2021
Law on Social Insurance 2014, amended and supplemented in 2018 stipulates that “The monthly salary on which social insurance premiums are based will be the salary plus salary-based allowance and other amounts as prescribed in the labour law”. In labor contracts, besides the salary, the agreement about payment of social insurance is an issue of particular concern to the employer and the employee and there are still many unclear points. We, a law consulting firm Inco Minh Anh, will analyze and clarify in this article based on new circulars issued by the Ministry of Labor, War Invalids and Social Affairs.
Firstly, the amounts included in the monthly salary to pay social insurance premiums (mandatory) include:
1. The salary by job or title is the salary calculated according to the time of the job or title according to the salary scale and salary table developed by the employer in accordance with the law; for employees who are paid by product or package salary, it is the salary calculated over time to determine the product unit price or package salary;
2. Salary-based allowance to compensate for factors on working conditions, job complexity, living conditions, and level of labor attraction that the salary agreed in the labor contract has not been taken into account or calculated not enough.
3. Other amounts can determine the specific salary along with the salary agreed in the labor contract and pay regularly in each pay period.
The amounts included in the monthly salary on which social insurance premiums are based are regular incomes, and it is easy to determine a specific amount. This makes it easy for enterprises to determine the insurance payment obligation for each employee. At the same time, the insurance agency also easily manages the declaration and payment of social insurance. Read More
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DECREE 22/2020/ND-CP AMENDING AND SUPPLEMENTING ADDITIONAL DECREE 139/2016/ND-CP ON LICENSE TAX
On February 24, 2020, the Government issued Decree 22/2020/ND-CP, takes effect as of February 25, 2020
1. Cases of exempting license fees
Accordingly, from the date of entry into force of the decree, there will be three cases of free license (Point c, Clause 1, Article 1), namely:
First of all, exempting license fees in the first year of establishment or production (from January 1 to December 31) for: Newly established organizations (granted new tax identification numbers, new enterprise identification numbers) ; households, individuals and groups of individuals that are first engaged in production and business activities; exempt from license fees.
Secondly, small and medium-sized enterprises moving from business households business (under the provisions of Article 16 of the Law on Support for Small and Medium-sized Enterprises) are exempted from license fees for 03 years from the date of being granted the first business registration certificate. Read More
Consult Heredity & Land Consultant, Frequently Questions, Leasing land & Factory
Real Estate Law Guidebook-How to buy a house from a foreign individual in Vietnam
- Can foreign individuals own homes in Vietnam? What is the type of possession?
- What types of houses can a foreign individual sell, lease, gift, or inherit?
- Is it possible for a foreign individual to possess a common house (the name of the current Vietnamese)?
- A construction project owned by my foreign private apartment, the proportion and quantity of houses?
- What are the requirements for a foreign individual to own a home in Vietnam?
- What are the applicable taxes and fees for foreign individuals to purchase a home?
- What taxes and fees does a foreign individual have to pay for the sale of a house?
- Who can buy a home from a foreign individual?
- Do foreign individuals have any right to the house they own?
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08 legal issues the enterprises have to complete in January 2018
Concurrently, the enterprises have to finalize the PIT whether arising or not, withholding tax deduction in the year and finalizing on behalf of authorized individuals. Read More
Frequently Questions, News & Event, News & Legislation
legal Update N2, November 2017
Four major policy changes Compulsory social insurance from 01/01/2018
The Social Insurance Act 2014 takes effect from 01/01/2016, In that there are many important terms until 01/01/2018 officially comes into effect. Read More
Frequently Questions, News & Event, News & Legislation, Your Lawyer
New legal update September – 2017 (N3)
The Ministry of Finance has issued a report guiding the Law on Amendment of and Addition to a Number of Articles of the Law on Value Added Tax (VAT).
Raised to 12% from 2019 Read More
Consult Enterprise, Frequently Questions, Legislation, News & Event, News & Legislation
legal update August 2017
As of 2020, Chairperson of the Management Board is prohibited from holding the position of General Director
The Decree No. 71/2017/ND-CP providing guidance on company management applicable to public companies is coming into force as of August 01, 2017 and the Circular No. 121/2012/TT-BTC dated July 26, 2012 is abrogated.
According to this Decree, there is change in capacity of members of the Management Board of a public company. To be specified: Read More
Frequently Questions, Procedure, Service, VISA, Passport, Word permit, Your Lawyer
PROCEDURES FOR APPLYING WORK PERMIT
- Condition:
- Having full civil act capacity as prescribed by law.
- Having good health in accordance with work requirements.
- Being managers, executives, experts or technical workers.
- Not a criminal offender or subject to criminal prosecution in accordance with Vietnamese and foreign laws;
- Approved in writing by a competent state agency on the employment of foreign workers.
- Dossiers:
- Application for issuance of work permits by the employer.
- Application for obtaining working position approval from People’s Committee of city/province.
- The health certificate or report on medical examination.
- The criminal record.
- For a specialist: Bachelor’s degree or equivalent or higher qualifications.
- For a technician: Certificates or documents certifying that such foreign worker has been trained for at least 01 year or his/her major is relevant to the job(s)he is expected to taken in Vietnam; documents certifying that the foreign worker has at least 03 years of experience in relevant majors.
- 02 color pictures (4cm x 6cm, white background, frontal face, bareheaded and no colorful glasses) that are taken within 06 months ahead of the date of application
- Passport or a substitute for passport or other license for international travel.
- Timeline:
For obtaining working position approval: 15 working days from the date of receipt of valid documents.
For obtaining work permit: 07 working days from the date of receipt of valid documents. Read More
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PROCEDURES FOR OBTAINING TEMPORARY RESIDENCE CARD
Foreigners who have a work permit for a period of 12 months or more are entitled to temporary residence cards according to the regulations, the duration of the temporary residence card depends on the validity of the work permit.
Conditions:
- For investors being individuals, there must be documents evidencing that foreigners contribute capital to or invest in enterprises in Vietnam (business registration certificates or investment registration certificates .)
- For individual workers:
- Passport of foreigner must be valid at least 13 months.
- Foreigners must carry out procedures for temporary residence registration at the police office at commune or ward in accordance with regulations of Vietnam;
- For a foreigner who has a work permit, the work permit must be a minimum of one year (12 months).
- For cases where foreigners are exempted from work permits or do not fall into the cases where work permits must be issued, they must have a written certification of the labor agency’s permit for exemption from work permits.
- For cases where a foreigner has a Vietnamese spouse, a marriage registration certificate is required for the case of marriage registration in Vietnam and written marriage notes in case of marriage abroad.
- In cases where foreigners which have parents being Vietnamese citizens, a birth certificate or other documents proving the relationship between parents and blood relations with Vietnamese parents.
Dossier:
- Copy of Investment Certificate
- Copy of Business Registration
- Form NA6 – Application for temporary residence card
- Form NA8 – Temporary residence card application form
- Form NA16 – seal specimen registration
- Work permits or certifications of foreigners working in Vietnam are not subject to the granting of work permits
- Original Passport
- Letter of recommendation for Vietnamese staff to apply for temporary residence card at Immigration Office.
- Certificate of temporary residence registration or temporary residence book of the foreigner certified by the police of the ward or commune where the foreigner resides temporarily in Vietnam.
- Photo 2cmx3cm: Attached 02 units
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Legal update
From 01/01/2016, the tariff will typically by 150% tariff of each respective items, instead of 70% as before is notable content in export Taxes, import tax of 107/2016/QH13.